Editors Pick
Delhi HC dismisses Dabur Promoter Pradip Burman's plea in Tax Evasion Case [Read Judgment]
The Delhi High Court bench of Justice Suresh Kait dismissed the plea of Dabur promoter Pradip Burman, whose name has appeared in the blackmoney list, seeking to stay proceedings in a case of alleged tax evasion against him in the trial court. Burman is facing prosecution in a complaint filed by the Income Tax Department alleging that he was holding foreign bank accounts which he had...
Newspaper must report an order of the Court as it stands, instead of creating sensation: HP HC issues contempt notice to ‘The Tribune’ reporter
The news-item is inaccurate, unauthentic and not based on true facts. It reminds the Court of the grim erstwhile era of ‘Yellow Journalism’, the court said while issuing contempt notice to a journalist.The High Court of Himachal Pradesh has come down heavily on a newspaper, for indulging in repeated misquoting and misreporting of the orders. A Division bench of Justices Rajiv Sharma...
Complaints under Domestic Violence Act can be quashed invoking Section 482 CrPC : Gujarat HC (DB) [Read Judgment]
Once the applicability of the Code of Criminal Procedure has started on account of any judicial order passed by the learned Magistrate including issuance of notice either under Section 12 or 18 or 19 or 20 or 21 or 22 or 23 or 31 of the Act independently or jointly, remedial measures to the aggrieved person as provided under the Code of Criminal Procedure, 1973 can be said as available,...
Refusal to join Anti-naxal operation sufficient reason to dismiss Policemen : Chattisgarh HC [Read Order]
They have, shown act of indiscipline and cowardice by refusing to join the anti-naxal operation from Madanwada Camp, the court said while dismissing a batch of petition challenging the dismissal.Chattisgarh High Court has held that policemen who refused to join anti naxal operation, have committed indiscipline and there is no illegality in the order sacking them. Dismissing a batch of...
ITAT has no power to stay prosecution: Punjab and Haryana High Court [Read Judgment]
The pendency of appeals regarding quantum and penalty and an appeal challenging an order passed under Section 263 would not, in our considered opinion, confer power upon the Tribunal to stay consideration of a show cause notice calling upon the assessee to show cause why prosecution be not launched, the bench said quashing the orders of ITAT granting stay in prosecution.Punjab and Haryana...
US Court dismisses Sikh group suit against Facebook Blocking its page [Read Judgment]
Communication Decency Act must be interpreted to protect websites not merely from ultimate liability, but from having to fight costly and protracted legal battles, the Court said dismissing the suit against FacebookA District Court in North California dismissed a suit against Facebook, by a Sikh group “Sikhs For Justice (SFJ)” which had alleged that the Facebook violated federal and state...
Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]
The Madras High Court Madurai bench while hearing a case relating to allowing family pension to the second wife held that officials should not insist on production of marriage certificate from Tahsildar or Registrar or District Court for sanctioning family pension when a widow produces 'heir' certificate.The Writ petition was filed by G. Pushpam, the widow of Late A. Ganesan and a Junior...
Degree without Plus-Two is valid if candidate passes entrance examination before being admitted to degree course: Madras HC [Read Judgment]
A Single Judge Bench of the Madras High Court recently held that degree awarded by a University without Plus-Two is valid if the concerned candidate passes entrance examination before being admitted to the degree course by the University.The Court relied on the judgment in the case of P.Raman v. the Government of Tamil Nadu, W.P.No.13054 of 2010, wherein Justice D. Hariparanthaman had reached...
Kerala HC makes it mandatory for all Government staffs and officers to attend National day functions [Read Judgment]
We are of the view that participation in the national day celebrations is expected not only from the Government servant and other public servant, local authorities, institutions, but it should be a spirit of every citizen of India to participate and cherish the memory of above important days in the history of India, the High Court said.Upon a Public Interest Litigation filed by one Nimisha,...
Bombay HC issues guidelines in the matter of Human Trafficking crimes : says not being trafficked is a fundamental right, bail shall not be granted for Habitual Traffickers [Read Judgment]
An accused who is a trafficker in humans who has criminal antecedents, has been violent as seen from the statements of the victims of witnesses, who has no permanent local address, who is an illegal migrant or nonlocal resident or a foreign national on a lapsed tourist visa, who has trafficked a minor or who has absconded and is arrested upon NBW issued, or a brothel owner whose brothel has...
12 Month timeline for Completion of Arbitrations under 2015 Ordinance, whether applicable to pending arbitrations; Madras HC asks Centre to clarify [Read Order]
A Division Bench of Madras High Court has asked the Centre to clarify whether Section 29A of the Arbitration and Conciliation (Amendment) Ordinance, 2015 would apply to pending arbitrations. Section 29A provides for a mandatory 12 month timeline for arbitrations to be completed (with an optional extension by 6 months subject to consent of parties) failing which parties have to approach Court...
Writ appeal not maintainable against Single bench Judgment refusing to order further investigation: Orissa HC [Read Judgment]
If the relief asked for in a writ petition is against exercise of power under criminal law or the proceeding would be a criminal proceeding, or the proceeding if carried to its conclusion ultimately may result in sentence of death or imprisonment or fine or forfeiture of property, such writ petition should be treated as filed against a proceeding under criminal jurisdiction. In such a case,...